Judgment Entry Of Annulment {H-164}

COURT OF COMMON PLEAS DIVISION OF DOMESTIC RELATIONS CUYAHOGA COUNTY, OHIO ____________________________________ PLAINTIFF vs. : : CASE NO. DR ________________________ JUDGE ______________________________ : ____________________________________ DEFENDANT : JUDGMENT ENTRY OF ANNULMENT This cause came on for hearing on the ______ day of _______________, 20____, and was duly heard by the Honorable ______________________________, Judge of the Domestic Relations Division of the Court of Common Pleas or Magistrate ______________________________to whom this cause was referred by the Honorable ______________________________, Judge of the Domestic Relations Division of the Court of Common Pleas, upon the: Complaint of Plaintiff and the evidence, Defendant being in default of Answer or other pleading although duly served with process, according to law. Complaint of Plaintiff and the evidence, Defendant having withdrawn his/her Answer or Answer and Counterclaim. Complaint of Plaintiff, Counterclaim of Defendant and the evidence. Counterclaim of Defendant and the evidence, Plaintiff having withdrawn his/her Complaint. The Court finds that Plaintiff was a resident of the State of Ohio for more than six (6) months immediately preceding the filing of the Complaint and venue is proper in this county. The parties were married as alleged and there are no minor children of the marriage. The Court further finds that cause of Plaintiff has Defendant has both parties have established the that the Plaintiff was under the age required by R.C. 3101.01, and has not cohabitated with the Defendant after he/she attained such age; that the former wife/husband of Defendant is living and the marriage of Defendant with the former wife/husband is still in force; that either party has been adjudicated to be mentally incompetent; that the consent of either party was obtained by fraud; that the consent to the marriage of either party was obtained by force; or that the marriage between the parties was never consummated, and by reason thereof Plaintiff is Defendant is both parties are entitled to a decree of annulment. The Court further finds that the Complaint for Annulment was brought within the time requirements of R.C. 3105.32. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Plaintiff is Defendant is both parties are hereby granted a decree of annulment of the marriage from Plaintiff Defendant each other, and that the marriage contract heretofore existing is declared a nullity. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that each party shall receive and retain any and all property owned by him or her prior to the date of marriage, free and clear of any HP 164 __ TP. DOC (Revised 02/2012) American LegalNet, Inc. www.FormsWorkFlow.com 1 claim by the other, and each is restored to the same position they would have been in had the marriage not taken place. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that that Plaintiff Defendant (DOB:_______________) be and is hereby restored to her former name of ______________________________. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the costs of this proceeding shall be paid by Plaintiff. IT IS SO ORDERED. ____________________________________ MAGISTRATE ____________________________________ JUDGE ____________________________________ PLAINTIFF ____________________________________ DEFENDANT ____________________________________ ATTORNEY FOR PLAINTIFF ____________________________________ ATTORNEY FOR DEFENDANT HP 164 __ TP. DOC (Revised 02/2012) American LegalNet, Inc. www.FormsWorkFlow.com 2 D-_______________ Annulment W/No Children (H164) *Please note that the real property in italics can be divided but it is at the discretion of the Judge. ___ The case number, names (Judge/Magistrate, Plaintiff and Defendant) and date of hearing are correct. ___ Appearance on Complaint, Answer and/or Counterclaim ___ Residency requirement of Plaintiff: Ohio/6 months; County/90 days ___ Residency of Defendant filled in. ___ Verify that there are no minor child(ren) of this marriage (natural or adoptive) and inquire whether Wife is currently pregnant. ___ Grounds for Annulment, one of the grounds is required: 1) Party was already married and not divorced. 2) Party is mentally incompetent. 3) Party is a minor. 4) Duress. 5) Force or coercion 6) Not consummated. ___ Real property If yes, then fill in next paragraph with pertinent information and make sure that the names are correct and a copy of the legal description is attached as an Exhibit ___ Other Property and debts: check applicable boxes and write in any property/debt to be divided ___ Retirement Assets: fill in applicable boxes ___ Equal Property Division yes or no box checked If no, language explaining ___ Maiden name or prior name, if desired by non-wife, with dob. ___ Court costs ___ JE signed by both parties and counsel, if applicable. ___ Casenote American LegalNet, Inc. www.FormsWorkFlow.com